DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6261)

N C SERVICES AUSTRALIA PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2018

Application for approval of the N C Services Australia Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the N C Services Australia Pty. Ltd. and ETU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the N C Services Australia Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The dispute centred around the terms and conditions of employment for the employees of N C Services Australia Pty. Ltd. and whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the enterprise agreement contained any unfair provisions that would warrant refusal of approval and whether the agreement met the procedural requirements for registration. These included ensuring the agreement was made in good faith, provided for the proper classification of employees, and met the minimum standards set out in the relevant awards and the National Employment Standards. The Commission also needed to consider whether the agreement was appropriately negotiated and if it complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission determined that the proposed enterprise agreement did not contain any unfair provisions and was made in good faith. The agreement was found to provide for the proper classification of employees and met the minimum standards required under the Fair Work Act 2009. Furthermore, the Commission was satisfied that the agreement had been appropriately negotiated and complied with all necessary procedural requirements. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the N C Services Australia Pty. Ltd. and ETU Enterprise Agreement 2017-2021, confirming its compliance with all statutory requirements. The agreement, which outlines the terms and conditions of employment for the employees of N C Services Australia Pty. Ltd., is now legally binding and in effect.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established